Sam wrote:Skarp,
I'm not sure if I said that Bollinger improperly denied claims....I said they wouldn't pay unless you went to one of their approved surgeons. Big difference. You get what you pay for and you don't pay much for Bollinger, so you shouldn't expect much.
I deal a lot with title insurance companies. They almost never pay on initial claims even when they know they are going to pay in the end. Very profitable companies.
Correct me if I'm wrong, but isn't Bollinger supplemental insurance only? Kicks in to the extent that the injured is either uninsured or only partially insured? If so, this would tend to weaken the claim (which I myself have made) that insurers would be raising premiums dramatically if the risk of injury was truly substantial. Softball is not a sport with high relative participation, so it's possible that it wouldn't amount to an actuarial blip for primary insurers even if injury rates were unacceptably high. And since the Bollinger--the company which likely possesses the most softball-specific insurance expertise--doesn't wind up paying for most of the injuries, perhaps that argument doesn't hold a lot of water. I'm just hypothesizing though...
As far as title insurance companies go, habitually denying claims is a far less risky proposition. Juries are more likely to view resulting lawsuits as business/financial disputes without the same powerful human elements in play with the denial of health/life insurance. Still, it would be a relatively simple thing to prove that an insurance company is denying claims at a disproportionate rate, and that it is therefore in voiolation of California's ridiculously plaintiff-friendly unfair business practice statute (Cal BPC 17200).



























